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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that has to do with immediate threats to the police or public. there is a part of the law that said you don't have to give miranda rights to a suspect to immediately protect the police in a life or death situation. the idea is that when they got him in the boat, they don't know if there are other plots or bombs or devices that the brothers had allege wouldly planted. that was a way to get immediate information about the type of threat they may have posed. dzhokhar remains here in the hospital in serious condition. he lost a lot of blood and suffered two gunshot wounds one in the ne
was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that...
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there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an...
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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 23, 2013
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try to get all of the information from the person and it may come back to bite them because some jurisdictions don't see it that way. >> absolutely right. in some places if you're a dangerous offender you get a long exception. in others, it doesn't matter how dangerous you are, if police basically rendered you-- >> what should happen. if we identify the person what do you think as a doj think next. >> in the person fits the definition of enany combatant, al-qaeda affiliate or someone we're at war with, that president obama could order the assassination of if that person was in yemen, that person belongs in
they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try...
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how unusual is it to not read miranda warnings? >> case specific. if there is an imminent public safe itty concern they should exercise the miranda exception under public safety and try to get as much information as they possibly can in order to protect the public. i think it is perfectly legitimate under these circumstances. >> judge jeanine: jay, to you when we talk about the public safety exception here. how long is that exception good for are? how long can they go without reading him his rights? >> there is no definitive statement but most people believe it is 48 hours. you a situation here where the distort accused is not conscious are in to even speak so 48 hours. points to a fundamental problem with thinking about mir randiesing. do we want a prosecution or an investigation to determine how deep the terrorist links might be and whether there were additional plans for terror activity. an awful load of weapons that the two possessed. the situation with the travel to russia. all miranda means and judge you know this, if there is a statement give
how unusual is it to not read miranda warnings? >> case specific. if there is an imminent public safe itty concern they should exercise the miranda exception under public safety and try to get as much information as they possibly can in order to protect the public. i think it is perfectly legitimate under these circumstances. >> judge jeanine: jay, to you when we talk about the public safety exception here. how long is that exception good for are? how long can they go without...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to pursue death, the only way he's going to get out of that is either through some sort of mental health defense or through cooperation with the government where if he can reveal information that could be of assistance in prosecuting others or uncovering other plots, they may be willing to bargain for life in prison. >> yeah. i don't -- >> jay? >> i think just real quickly, i think that they're going to ask the families of the decreased and the people that got maimed. they're going to -- families of the deceased and people that got maimed and ask them what their opinion is. i think there's a good
but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to...
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they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. >> martha: all right. so there you have that. let's bring in fox news legal analyst peter johnson, jr. peter, welcome. >> how are you? >> martha: that's the u.s. attorney on this case in boston. she says it's too early to talk about death penalty. >> i was really surprised and disturbed as an american and as a lawyer in watching that last night. you couldn't think of a more weak insip mid remark that she was making. the charges that will be filed in this case, i haven't seen them, but i can approximate what
they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is...
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the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy combatant? >> i think he should be treated as enemy combatant. there are so many questions unanswered and so many potential links to terrorism here. the battlefield was not in the united states so i believe he's enemy combatant. he would not be tried before military commission. he would be tried in civilian court and the statements taken from him cannot be used against him in the trial. right now, one of the only links we have as the chechen involve in the al-qaeda mov movement. are there other conspirators out there? where do they get the ra
the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as...
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he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended to do more. he rings all the bells. >> what if he gives more information about people overseas who they were in could cahoots with? >> you mean cooperates? >> yeah. is that the thing that helps you avoid the death penalty. >> it's one thing that helps you avoid the death penalty. i hope it doesn't get him anything less than life. >> we see this and it sort of reminded me of the dc sniper case in a way. maybe the younger person who was influenced by his older brother. maybe led astray in some capacity. we may uncover that the brother was really the ring leader here, the one who was drivin
he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended...
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more infmation but certainly looking like a military tribunal. >> geraldo: do you want it to be military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commcial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel like a 9th
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal?...
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you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only intelligence
you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the...
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i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this is in a vacuum. i don't think it's going to make much of a difference. >> on the other side, councilman, i'm sure you're not surprised, the aclu says, look, how heinous the crime you don't put aside your rules and regulations that are in place, and so that's one side of it. the other side of it, which goes even further than this public safety exception is the four members of the u.s. senate. you have peter king, the congressman, who are saying, forget that. he should be treated as an enemy combatant. should it go that far? >> no. by the way, i am su
i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this...
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing, yes, nothing about the trip and tonight the fbi and homeland security briefing lawmakers. congressman jason chase is on the house homeland security committee. he joins us. nice to see you, sir. >> thanks, greta. >> can you clarify or do you know whether or not he mentioned going out of the united states? there's some confusion over what senator lindsay graham said and what the secretary said. >> i don't know what the secretary means when she said ping. what is clear to me from my past experience, the united states of america has no viable entry-exit system. we aren't able to track people as
miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing,...
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the government made a mistake by clinging to the public safety miranda, when the police said there is no public safety issue, it's solved and there are no further threats, and the fbi are saying there's enough threats, they should have given him miranda. his kwryouth, and he seems to b influenced by his brother, and he could hold out and try to get a deal if he is prepared to say whether his brother got training in chechnya. he doesn't have very many cards to play. >> graham wants -- >> that's impossible. nobody could be tried as an enemy combatant. couldn't happen. >> in terms of the revelation, you have the two brothers who committed this appalling act, and the younger one in particular seems to have been leading a very regular american life, does that concern you as an american that there may be many more out there? this could be a start of a whole new wave of terror? >> you don't want to be critical of what law enforcement did, they did a phenomenal job, but the fact that one young man can shut down an entire city, and get baseball games postponed, and another young man can say i
the government made a mistake by clinging to the public safety miranda, when the police said there is no public safety issue, it's solved and there are no further threats, and the fbi are saying there's enough threats, they should have given him miranda. his kwryouth, and he seems to b influenced by his brother, and he could hold out and try to get a deal if he is prepared to say whether his brother got training in chechnya. he doesn't have very many cards to play. >> graham wants --...
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
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i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's soim, abu gazey is in the federal system today and read miranda rights. never designated enemy combatant. can you imagine what osama bin laden's son-in-law could tell us about the terrorist organizations? he was the spokesman for al qaeda after 9/11. so there's a disturbing pattern here, quite frankly, of not gathering intelligence when that opportunity exists. thank you very much. i have to go. i will get a pen and pad and go next door to answer any questions if you have about the f.b.i. and, again, we're going to absorb a moment of silence her
i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's...
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he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attornaney he doesn't have to tt if he dorcsnk means are limited means interrogators have at their disposal to make him do so. >> the 4cmhour t
he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were...
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jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land se
jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national...
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet caroline." as red sox fans sung along in unison. ♪ sweet caroline ♪ bum, bum, bum >> what a moment. >>> later in this half hour, details about the older brother's american wife. >>> and later on "good morning america," a closer look at any missed warning signs. >>> major breaking news from washington state. five people are dead in a shooting at an apartment complex in the town of federal way, south of seattle. a suspect was shot by police officers. he's believed to be the only shooter. no word yet from investigators on what led to the gunfire. this is a story we'll be tracking all morning. >>> a few of those displaced by
. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet...
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rather you walk through a miranda warning, someone has a chance to step back, what's this about an attorney? what's this about a right to remain silence? you need to protect the public. you need that information. >> do you believe that young man h y to facthat pelt >> given the nathese crimes, i would say the answer to that is yes. >> the city of boston is angry, justifiably. and that anger is unlikely to dissipate very quickly. so, can he get a fair trial in that city? >> very difficult to move a trial. the legal standard essentially no jury in this city will be able to look fairly on this evidence. very high standard. i believe he will face trial in boston. >> michael garcia, thank you. appreciate it. >> thank you. >>> as investigators peer deeply into the lives of the bombing suspect, they will look at what happened in a remote and dangerous part of russia, visited not long ago by the older brother. he apparently came back a changed man. and abc's kirit radia is there tonight. >> reporter: last year, tamerlan traveled here, to dagestan, a region home to an islamist uprising. investigator
rather you walk through a miranda warning, someone has a chance to step back, what's this about an attorney? what's this about a right to remain silence? you need to protect the public. you need that information. >> do you believe that young man h y to facthat pelt >> given the nathese crimes, i would say the answer to that is yes. >> the city of boston is angry, justifiably. and that anger is unlikely to dissipate very quickly. so, can he get a fair trial in that city?...
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. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated. now what the justice department is saying that they want to use this special high-value interrogation team to question him without reading him his miranda rights, under the public safety exception. and the -- question and that has been defined as 48 hours. they have 48 hours to question him before they read him his rights. now, the aclu and the federal public defenders office here in boston which says -- said yesterday they expect to represent tsarnaev. they are challenging that and saying that they -- the government may be stretching it here. and, frankly, actually, the longer this goes on, the longer that
. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated....
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they'll question him without evoking the miranda rights. >> that's a bit controversial. files chargesed perhaps as early as today. charged with using weapons of mass destruction, he could be facing the death sentence. . >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today. meantime, law enforcement is focused on suspect number two, here at beth israel hospital. this morning, police and federal agents are anxiously waiting to question the man who sparked nearly a weeklong man hunt. overnight this new video was released showing that final tense showdown, stun guns exploding as police move in to get dzhokhar tsarnaev. he's in serious but stable condition. his injuries preventing him from speaking. >> i think i and all of the law enforcement professionals are hoping for a host of reasons, that the suspect survives. because we have a million questions. >> reporter: questions like, was there anybody else involved? in his
they'll question him without evoking the miranda rights. >> that's a bit controversial. files chargesed perhaps as early as today. charged with using weapons of mass destruction, he could be facing the death sentence. . >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today. meantime, law enforcement is focused on suspect...
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how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are work in the united states. your photo information will have to be shared with the database so they know it is you. some interesting propo w you protect your social security number. if you've just applied for a ob, you can in effect lock it so that no other employer can check it until you authorize it again. to try an important way to make it difficult for people not legally authorized to work in the united states to do that. the hope this is shuts off the magnets. people come here because they want to find jobs. the idea is to make it difficult to fi
how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are...
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the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government has to classify him as such. then he is treated very differently. in american citizen jars of the typical crime, if you want to call it. stuart: and sorry to do this to you. stay right there. domestic this commercial break. we will be back quickly to myve, promise to that. ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out o10 large professional investors choose ishares for their etfs. ishar
the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government...
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within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american citizen. by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right t
within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american...
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they'll question him without reading him the miranda rights. invoking a rare public safety exception they only have a few minutes. >> 50 minutes approximately. this is a bit controversial. we'll see how they proceed with that. we're expecting files to be charged soon, perhaps as early as tuesday. he could be charged with using weapons of mass destruction. this 19-year-old could be facing the death sentence. several public defenders have offered to represent him. we'll see if it comes to that or if he hires his own attorney. >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today for the victims and survivors of monday's bombings. meantime, law enforcement is focused on suspect number two, here at beth israel hospital. this morning, police and federal agents are anxiously waiting to question the man who sparked nearly a week-long man hunt. that ended in a spray of bullets. overnight this new v
they'll question him without reading him the miranda rights. invoking a rare public safety exception they only have a few minutes. >> 50 minutes approximately. this is a bit controversial. we'll see how they proceed with that. we're expecting files to be charged soon, perhaps as early as tuesday. he could be charged with using weapons of mass destruction. this 19-year-old could be facing the death sentence. several public defenders have offered to represent him. we'll see if it comes to...
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the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor victims of the boston bombings. they will take part in a 2.5- mile race that begins at 6:45 at ross park. runners are encouraged to wear blue and yellow clothing. the official colors of the boston marathon. for more information on the boston bombings you can go to our website ktvu.com to see a special section with more details and information. >>> time is 6:03. the furloughs of air traffic controllers has started. tara moriarty is live at sfo now to tell us how travelers are reacting. tara. >> reporter: a lot of the passengers we have been speaking to this morning have been saying that congress needs to get it
the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor...
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you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve: you probably would have said let's call him an enemy combatant and then down the road, haul him into criminal court? >> yeah. i would mute my criticism of the administration in that regard. theres no current legal authority to try him any place other than civilian court. you can't try an american citizen by military commission. so he had to go to civilian court anyhow. >> steve: in the first world trade center bombing, the blind sheik was held responsible for that. but he's alive. he didn't wind up with the death penalty because on a federal level, it didn't exist back then. >>
you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve:...
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Apr 18, 2013
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look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
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Apr 17, 2013
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. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got a street address, apartment number. but maybe there is more than one person. maybe there is two or three. and there is a real danger in putting out public information. if you could be showing your hand and tipping off others that could be people that you want to talk to. that's the category and area that could be very dangerous. >> another possibility here is that the boston police department jumped the gun. the f.b.i., my understanding, is in control of the situation, and believe me, there is a real higher arcky throughout the country when the feds come in, they come in and they take over and they're the chain of command,
. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got...
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Apr 23, 2013
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he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a black jacket, a white hat and similar to the one in the surveillance photos he was allegedly wearing. investigators also want to question tamerlan tsarnaev's wife. the couple initially met at a nightclub. she later converted to islam, dropped out of college and had a child with him. her attorney has said that she had no suspicions that her husband might be plotting an attack. hundreds of people stood in silence at copley square at 2:50 p.m. one week after the bombings. president obama marked the moment of silence from the white house. the u.s. senate held a similar tribute on capitol
he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a...